State v. Smith

MARTIN (Harry C.), Judge.

Defendant argues the trial court committed reversible error by failing to find facts in its order denying defendant’s motion to suppress. He relies upon N.C.G.S. 15A-977 (d) and (f). The statute requires an affidavit supporting the motion to suppress. Defendant’s affidavit states that defendant was arrested without a warrant and without probable cause. The record contains the warrant issued 1 October 1979, ordering the arrest of defendant on this charge. The return of the arresting officer on the warrant shows defendant was arrested 1 October 1979. The officer…